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Home My WebLink About022711 ORD - 10/08/1996AN ORDINANCE AMENDING THE CORPUS CHRISTI CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, TO AMEND THE OPERATING RULES OF THE CABLE TELEVISION PUBLIC ACCESS CHANNEL TO DEFINE VIOLATIONS OF THE RULES; SPECIFYING CIVIL PENALTIES FOR SUCH VIOLATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances of the City of Corpus Christi is hereby amended to read as follows: Sec. 2-184. Public access channel. (a) It shall be a violation of the public access channel operating rules: (1) For any program cablecast on the public access channel to contain any advertising material designed to promote the transfer of commercial products or services for consideration; (2) For any program cablecast on the public access channel to contain any advertising by or on behalf of candidates for public office; (3) For any program cablecast on the public access channel to contain any lottery information. A "lottery" shall be defined as any activity or enterprise offering prizes the award of which is dependent in whole or in part upon lot or chance; (4) For any program cablecast on the public access channel to contain obscene or indecent material. The term "obscene" shall have the meaning stated in section 43.21(a) of the Texas Penal Code; and (5) For the user of the public access channel to fail to comply with TCI Cablevision of Texas, Inc.'s ("TCI") public access channel rules and procedures. Such rules govern topics including, but not limited to reservation of program time slots, program scheduling, reservation and use of TCI equipment and studio facilities, and program technical standards. For purposes of the public access channel operating rules, a " user" of the public access channel shall include an individual who submits programs for cablecast on the public access channel or who utilizes TCI equipment or facilities to produce programs for cablecast on the LO 90.0220 00' October 3, 19% (902am) 022711 \�jptt i�/ public access channel. "User" shall also include any group, organization or entity which an individual user represents. The commission is authorized to promulgate rules and guidelines and render advisory opinions clarifying the above rules for users. (b) For violations of the public access channel operating rules, each user of the public access channel shall be ineligible to use the public access channel for the following time periods, and otherwise subject to discipline, as follows: (1) For the first adjudicated violation of the operating rules, TCI shall issue a notification letter (hereinafter defined) to each user involved. The letter shall identify any violations (2) For thc second adjudicatcd violation of thc operating rules, each user shall be ineligible to use thc public access channel. If a second adjudicated violation of the operating rules occurs within twelve months after the first adjudicated violation of the operating rules, then TCI shall issue a notification letter to each user involved. The letter shall identify any violations and shall impose a thirty -day suspension upon each user involved. During this time period, each user shall be ineligible to use the public access channel: and (3) If a third adjudicated violation of the operating rules occurs within twelve months after the first adjudicated violation of the operating rules, then TCI shall issue a notification letter to each user involved. The letter shall identify any violations and shall impose a one-year suspension upon each user involved. During this time period, each user shall be ineligible to use the public access channel (c) Neither multiple cablecasts of a single program nor multiple violations of these rules in a single program shall form the basis for more than one adjudicated violation of these rules. (d) TCI may receive complaints conceming violations of the public access channel operating rules from the city, the commission, or current TCI subscribers of Corpus Christi. Additionally, TCI may initiate the complaint process itself. (e) TCI shall receive and investigate complaints concerning violations of the public access channel operating rules. If the operating rules have been violated, TCI will mail written notice (the "notification letter") of the results of the investigation to the use. (The notification letter shall be sent to both the individual user and the group, organization or entity which an individual purports to represent, via certified mail, return receipt requested, to the address provided in the application.) L01.96 0220 October 3, 1996 (9'42am) 2 The notification letter shall specify the penalties imposed. Periods of ineligibility to use the public access channel shall commence and removal of a program from the public access channel shall occur after the later of: (a) the last day on which a user may timely commence an appeal of a decision specified in a notification letter; or (b) the date an appeal is concluded. A program finally determined to be in violation cannot be transmitted again until edited to remove the violation. (f) A user may appeal a decision specified in a notification letter by physically delivering to TCI a written notice of appeal on or before eight (8) calendar days after the notification letter is mailed. The notice of appeal ("notice of appeal") shall state the grounds for appeal. Failure to appeal timely constitutes an adjudication of violation. All notification letters shall state the date by which an appeal must be received. TCI shall immediately deliver the appeal to the commission. (g) The commission shall promptly set the appeal for hearing. The appellant shall have at least three (3) calendar days' notice of the hearing. TCI, the city, and the appellant may present evidence. The commission shall promptly render its decision. In deciding any appeal, the commission may impose civil penalties in accordance with these rules. The commission shall not have jurisdiction to vary civil penalty durations on a case-by-case basis. (h) Appeals of commission decisions may be made to the city council in accordance with the procedures specified in the city charter and the Corpus Christi Code. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this resolution shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not effect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution. It is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. That upon written request of the Mayor or five Council members, copy attached to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regul /Aeetings so that t ordinance is passed upon first reading as an emergency measure this the T /� day of U Obtid 1996. LOA96A0220001 October 3, 1996(9.42am) 3 ATTEST THE CITY OF CORPUS CHRISTI \\ Armando Chapa, City Secretary MAYOR, MAR Yf ' ODES Approved this 3 day of October, 1996. James R. Bray, Jr., City Attorney By: X-A"M Lisa Ortiz, Assistant Attorney L0)96)0220 001 October 3, 1996 (9-42am) 4 opus Christi, Te II� h Day of 0 b{AJ , 192A TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, MAYOR THE CITY OF CORPUS CHRISTI Council Members The above ordinance was passed by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Torty Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David A. McNichols 022 711 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI } ss: Ad #: 913301 PO #: Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of' the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 022711 ORDINANCE AMENDING THE CORPUS CHRISTI CODE OF ORDINANCES, CHAPTER 2, ADMINISTRAT which the annexed is a true copy, was published in the Corpus Christi Caller -Times on OCTOBER 14, 1996. 1 Time(s) $38.85 Vice -President and Chief Financial Officer Subscribed and sworn to before me on October 21, 1996 . Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97. ORDINANCE oxen OYdlrNs,•endl hCor- pus Christi Codeof Ordinances, Chapter 2, Admin- istration, to amend operating rules of the cable. television II public access channel to de- ' violations of the rules; 3 specifying civil penalties for such violations; providing for - severability; providing forpubli- cation. This ordinance was passed and approved by the City Council of the City of Corpus Christion the 13th day of Octo- b«, 4000. /V MS Olen